SZARI v MIMIA

[2005] HCATrans 527

[2005] HCATrans 527

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S402 of 2004

B e t w e e n -

SZARI

Applicant

and

MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

McHUGH J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 5 AUGUST 2005, AT 8.55 AM

Copyright in the High Court of Australia

McHUGH J:   This is an application for special leave to appeal against the decision of Jacobson J of the Federal Court, given on 30 September 2004.  His Honour dismissed an appeal against the decision of a Federal Magistrate, given on 23 July 2004, dismissing an appeal against a decision of the Refugee Review Tribunal affirming the decision of the Minister’s delegate to refuse the applicant’s application for a protection visa. 

The applicant is a citizen of Bangladesh.  He claims to fear persecution on the basis of his political involvement and affiliation with the Awami League.  

Jacobson J held that the Notice of Appeal in the Federal Court proceedings did not disclose any arguable ground of appeal.  His Honour said that such a deficiency would have been sufficient in itself to dismiss the appeal.  Nevertheless, his Honour considered the decisions of the Tribunal and the Federal Magistrate, and concluded that they were sound in law.  We agree with Jacobson J’s reasons and conclusions.  The applicant alleges jurisdictional error but in reality his complaints are nothing more than criticisms of the factual conclusions of the Tribunal.  They do not raise any question of law, let alone any error of law sufficient to justify the intervention of this Court.  Accordingly, the application for special leave must be refused.

The application for special leave is dismissed.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order that the application is dismissed.  I publish our joint reasons.

AT 8.55 AM THE MATTER WAS CONCLUDED